The instutition and conduct of legal proceedings against a defendent for criminal behavior

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Indeterminate Sentencing

The judge sentences the criminals to a variable prison term, from minimum to maximum, with a chance at being paroled

Breif

A written, legal document that conforms to specific court rules in which a lawyer advances the merits of his/her clients case

Substantive Due Process

The government must create fair policies & laws

Indictment

A formal complaint before a grand jury which charges the accused with one or more crimes

Appellate Jurisdiction

Courts can review the decisions made in lower courts

Misdemeanor

A lesser offince, punnishible by a small fine and/or short jail term

Loose Constructionist

Belief that a Constitution should be interpreted reasoniby, but broadly, in order to meet the needs of the changing times

Felony

A serious crime which may be punished by a heavy fine and/or imprisonment or even death

Constutional Courts

These courts exercise the judicial powers found in Article 3; normally the court of last resort; the highest judicial body in government

Exclusive Jurisdiction

Refers to the cases that can only be held in federal court

Original Jurisdiction

Courts hear the case for the first time

Judicial Act of 1789

Congress passed this which created lower district and appellate courts which fed into the supreme court

Soicitor General

The person represents the US Government before the Supreme Court

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Judicial Restraint

Philosophy that urges judges to play a minimal role in policy making- try to determine the original intent of the founding fathers or law questioned

Legislative Courts

These courts, known as Special Courts created to hear a narrow range of subjects

Writ of Certiorari

Petition to the Supreme Court asking that a case be reconsidered; from the Latin meaning "to be more certain"

Grand Jury

The formal device from which a person can be accused of a serious crime

Marbury v. Madison

This court case established the principle of judicial review

Judicial Review

The power of the court to determine the constitutionality of a government action

Inferior Courts

The lower federal courts, beneath the Supreme Court

Arraignment

The court appearence in which the suspect must enter a plea- guilty or not guilty

Plantiff

In civil law, the party who brings a suit or some other legal action against another in court

Criminal Law

The portion of law that defines public wrongs and provides for their punishment

Restribution

Pay a certain sum of money to the victim of a crime

John Roberts

The Cheif Supreme Court Justice today

Plea Bargin

Agreement in which the defendent agrees to pead guilty in orger to receive a lesser sentence and the prosecutor avoids going to trial

Defendent

In a civil suit, the person against whom a court action is brought by the plantiff; in a crime case, the person charged with a crime

Docket

A court's list of cases to be heard

Precedent

Courts decision that stands as an example to be followed in future similar cases

Judicial Implementation

The actual carrying out of a judicia court decision

Determinate Sentencing

The sentencing of a criminal for a specific, set amount of time that the crimina must serve-ruels out of the possibiity of parole

Concurring Opinion

Involves a justice who agrees with the majority but for different reasons than the opinion written

Exclusionary Rule

Evidence gained as a result of an illegal act by police cannot be used against the person from whom it was seized

Senatorial Courtesy

A state's US Senator is conferred with before the president makes an appointment to the federal district courts

Bail

Money the defendent hands over to the court as a guarentee that he or she will return for trial

Procedural Due Process

The government must employ fair procedures and methods

Judicial Activism

Philosophy that urges judges to act blodly- apply and interpuit the law in light of ongoing changes especially those of civil rights and social issues

Amicus Curiae

Breif where intrese groups present their ideas about a significent Supreme Court case

Majority Opinion

The official opinion of the court (usually written by the most senior justice)

Dissenting Opinion

Opinion of the justices who do not agree with the majority

Paroll

Early release from jail

District Courts

These courts are trial courts of the federal court system

Court Marshall

A court composed of military personnel, for the trial of those accused of violating military laws

Oral Arguements

In a Supreme Court hearing, each side is giver 30 mins to present this before the Justices

Civil Law

The portion of law relating to human conduct , to disputes between private parties

State Decisis

This concept involves reliance on past decisions or precedents to formulate decisions in new cases

Dual Court System

The United States has this which reflects the concept of federalism and balanced federal and state power

Burden of Proof

The belief that the prosecution must present evidence which proves, beyond a reasonable doubt that the defendent is guilty

Jurisdiction

The authority of a court to hear, try, and decide a case

Miranda Rule

The constutitional rights which police must read to suspects before questioning can occur

Voir Dire

The questioning of prospective jurors by a judge and attorneys in court

Due Process

The government must act fairly and in accord with established rules and all that it does

Litmus Test

Question asked of a potential candidate for office, the answer to which would determine if nominating official would choose to proceed

Acquittal

Not found guity of a charge

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